Living List nomination guide
Add, delete or change a substance on the Living List.
Introduction
澳门永利鈥檚 Toxics Reduction Act (the Act) requires the Ministry of the Environment and Climate Change (the ministry) to consult with experts and the public every 5 years regarding possible changes to the list of substances prescribed under the Act. The Act requires 澳门永利 manufacturing and mineral processing facilities to examine how and why they use and/or create toxics substances and consider opportunities for reduction.
This list of substances is referred to as the Living List. This document provides guidance on how to submit a nomination to add, delete or change a substance on the Living List. Please review this guide and refer to it while filling out the . For a more general description of the overall approach and principles of the Living List, please refer to the Living List Framework. It鈥檚 part of 澳门永利鈥檚 Toxics Reduction Program.
Part 1 of this guide provides explanations, context and examples to help you complete the nomination form. Scientific and technical expertise is not necessary to submit a nomination. However, each nomination must include a rationale, with supporting information, to explain why the proposed addition, deletion or change to the Living List is being submitted, along with the nominator(s) basic contact information.
Part 2 of this guide describes the ministry鈥檚 screening process to determine if a substance meets the necessary criteria for a review.
Part 3 of this guide describes how the ministry will communicate information to stakeholders and the public during the screening process.
The ministry will screen nominations and screening results will be provided as follows:
- Accepted 鈥 the substance will be reviewed;
- Rejected 鈥 the substance will not be reviewed;
- Postponed 鈥 the screening will be postponed until the completion of other relevant work, such as another review of the same substance that is either ongoing or pending.
Each nomination will be assigned a nomination identification (ID) number. The ministry will send the ID by email to the nominator(s) with a confirmation that the nomination was received. Updates on the status of the nominations will be made online. The volume and complexity of nominations will determine when they are posted
Appendix A of this guide (Supporting Information of the Nomination Form) provides resources to assist in completing Section 4.
Part 1: Nomination form
Nominations must be submitted using a nomination form. The form consists of five sections:
Section 1 - Nominator Information
Section 2 - Nomination Request
Section 3 - Rationale for Nomination
Section 4 - Supporting Information 鈥 any applicable supporting information in this section
Section 5 - Notice for the Collection and Use of Personal Information
Section 1 - Nominator information
Contact information
In this section, you must provide contact information the ministry may use to communicate with you during the screening and review processes. Two (2) nominators are recommended.
The ministry may need to follow up with you on your nomination to request additional information, to clarify or verify information provided.
Section 2 - Nomination request
Substance and nomination type being submitted.
The ministry, stakeholders and the public may submit nominations, as described in the Living List Framework to:
- add a substance to the Living List
- delete a substance from the Living List
- change the way in which a prescribed substance is defined on the list
The nomination must include a rationale to support one of the above three requests.
The list of prescribed substances
Please review what the Toxics Reduction Act currently prescribes as a toxic substance before submitting a nomination.
Identifying a substance for nomination
If you are nominating a deletion or change to a substance already on the list of prescribed substances, use the name exactly as it appears and include its chemical abstract services (CAS) number where applicable. If you are nominating an addition to the list of prescribed substances, include the name and alternative names (if known) of the substance as well as its CAS number, if applicable (see examples below).
The CAS number is a unique numeric identifier for a chemical substance and is important for identifying substances that are not on the list of prescribed substances. CAS numbers are publicly available at cas.org.
Examples of Substance Names and CAS Numbers:
- Bisphenol A; CAS number: 80-05-7
- Chromium (and its compounds); no CAS number (CAS numbers exist for individual chromium compounds)
- Dichloromethane (also known as methylene chloride); CAS number: 75-09-2
Types of Nominations
Nomination to Add
More than one substance may be included in a substance group, such as nickel (and its compounds). Make sure the substance you are nominating is not already listed as part of a substance group.
Examples of Nominations to Add:
- A nomination to add molybdenum disulphide could be submitted because it is not on the prescribed list. Molybdenum only appears on thecurrent list as molybdenum trioxide. If molybdenum disulphide was added, the number of substances on the prescribed list would increase by 1.
- A nomination to add nickel chloride would be rejected because it is already included under nickel (and its compounds).
Nomination to Delete
More than one substance may be included in a substance group. A nomination to delete applies to all substances included in the substance grouping. If your nomination to delete does not apply to all substances in a grouping, then you should submit your nomination as a nomination to change(see below).
Examples of Nominations to Delete:
- A nomination to delete copper (and its compounds) would apply to all copper compounds. If the ministry deleted copper (and its compounds), the number of substances on the prescribed list would decrease by 1.
- A nomination to delete allyl chloride would apply to this compound only. If the ministry deleted allyl chloride, the number of substances on the prescribed list would decrease by 1.
Nomination to Change
You can nominate to change how a substance is defined. For example, a change could exclude a particular form of a substance. A change to how a substance is captured on the list refers to its reporting threshold or how a substance is used in a specific activity. Changes should be submitted for that prescribed substance as it presently appears on the list of prescribed substances under the Toxics Reduction Act along with a description of the requested change. Examples of requests to change a substance include the following:
- To redefine a substance by including or excluding one or more forms or activities
- To raise or lower a reporting threshold
Examples of Nominations to Change:
- A nomination to change the definition of copper (and its compounds) to exclude alloy forms should be submitted as:
Nominated substance: copper (and its compounds)
Change requested: Exclude the alloy forms from the definition of copper (and its compounds).
Note: If the ministry changed the definition of copper (and its compounds), the number of substances on the list would not change but the name of the substance may change: for example, copper (and its compounds) excluding the alloy form. - A nomination to change the reporting threshold for a substance should be submitted as:
Nominated substance: copper (and its compounds)
Change requested: Lower reporting threshold to XXX from SSSS.
Note: If the ministry changed the reporting threshold for a substance, no changes would result to the name of the substance or the number of substances on the prescribed list. - A nomination to exclude an activity should be submitted as:
Nominated substance: copper (and its compounds)
Change requested: redefine copper (and its compounds) to mean all forms except those used by the X sector in the Y process to manufacture Z.
Section 3 - Rationale for the nomination
Please provide a brief explanation of why you are nominating this substance
In this section, a brief explanation (maximum of 500 words) is required to explain why you have nominated this substance for addition, deletion or change under the Living List Framework.
The rationale should show the substance鈥檚 hazard (e.g., carcinogen, persistent in the environment) and contextual information (e.g., known or suspected use, creation and/or release in 澳门永利) since these are primary screening criteria used by the ministry
- Hazard: For nominations under the Living List, a hazard is any substance that, due to its properties, has the potential to damage, harm or otherwise adversely affect the environment or human health.
It is not necessary to list all hazardous properties of the substance you are nominating, only those that relate to your reason for nominating it. Additional guidance is provided in Section 4: Supporting Information. - Contextual information: Contextual information refers to known or suspected uses, creation and releases of a substance by 澳门永利鈥檚 manufacturing and/or mineral processing sector. Available sources of information are listed in Section 4: Supporting Information.
- Other jurisdictions/programs: This refers to information about how a substance is managed in another jurisdiction. Selected links to Canadian, U.S. and international programs are provided in Section 4: Supporting Information below.
Examples of Rationale for a Nomination:
- Substance A is nominated for addition because it is a known carcinogen according to the International Agency for Research on Cancer (IARC) and is used by the YY manufacturing sector in 澳门永利.
- Substance B is nominated for addition because it is listed under the Stockholm Convention on Persistent Organic Pollutants (Annex A, B or C) and is likely used by manufacturing sector XX in 澳门永利.
- Substance C is nominated for deletion because it is no longer used or created by any regulated facilities in 澳门永利.
- Substance D is nominated for change to exclude the solid form because it is not hazardous to human health or the environment. Supporting information provided on the solid form of the compound below and its use, creation and release in 澳门永利.
Confidential Business Information:
Please do not include any information in this form that you consider confidential business information.
If you would like to include business information that you consider confidential, please do the following:
- First submit your nomination (excluding confidential business information)
- After you receive a nomination identification (ID) number from the ministry, submit the business information directly to livinglistcoordinator@ontario.ca
- Include your nomination ID in the subject heading of your email and explain why the information is confidential.
Information requested to be treated as confidential business information that meets the requirements of s. 17 of the Freedom of Information and Protection of Privacy Act will not be disclosed by the Ministry.
Section 4 - Supporting information
Please only fill out this section if you wish to provide additional detailed scientific or technical information to support a nomination.
Sources of scientific and technical information that may be helpful in your nomination are provided in Appendix A of this guidance document.
Section 5 鈥 Notice for the collection and use of personal information
Information on the ministry鈥檚 collection and use of personal information
Your personal contact information, if any is submitted, is being collected because it is necessary for the proper administration of Section 49 of the Act. The Minister of the Environment and Climate Change is required by Section 49 to consult with the public and experts on possible changes to the Living List. The ministry may need to follow up with you on your nomination to request additional information, obtain clarification or verify any information provided. If necessary, your personal information will be used to contact you about your nomination.
Part 2: The ministry鈥檚 screening process
This section describes how the ministry will screen your nomination to determine whether it will be reviewed under the Living List Framework
Please review this section before submitting your nomination
The ministry will schedule and prioritize screening and reviews of nominations based on volume of nominations received.
The ministry checks the nomination form for completeness and fills data gaps and/or makes corrections, if needed, to determine if the nomination should be reviewed under the Living List Framework. In addition, the ministry may refer to readily available information to complete Section 4 of the form from sources such as those in Appendix A.
The ministry then screens the nomination using criteria described in Table 1 (below).
Note about hazard:Substances will be screened to determine whether they are high or low hazard. The ministry will use evaluations by authoritative agencies to set the appropriate level
Postponement of Review
The review of a nomination may be postponed if another review of the same substance is either ongoing or pending. These may include reviews by the ministry, the federal government or other jurisdictions. For example, the ministry may postpone screening a substance if it is already undergoing a review by the federal government for addition, deletion or change to the National Pollutant Release Inventory (NPRI). In this case, the ministry will work with the federal government to share information that may benefit both federal and provincial programs.
Table 1: Screening Process for Nominations to Add, Delete or Change
Step 1: Apply screening criteria 1 through 3 to all nominations
| Criteria # | Criteria Descriptions | If Yes: | If No: |
|---|---|---|---|
| 1 | Is there an ongoing or pending review by another jurisdiction that will inform the screening? | Postpone | Continue to next criterion |
| 2 | Is the substance unknown / unidentifiable based on its name or chemical abstract services (CAS) number? | Reject | Continue to next criterion |
| 3 | Is the rationale absent, inappropriate, unclear or outside the scope of the Living List Framework (i.e., cannot be categorized as a request to add, delete or change how a substance is defined on the list of prescribed substances)? | Reject | Continue to next criterion |
If 1-3 are "no": Proceed to Step 2
Step 2: Apply screening criteria to the specific nomination type:
- Add a substance (#4),
- Delete a substance (#5) or
- Change form, activity or threshold of a substance (#6, 7, 8 or 9)
| Criteria # | Criteria Description | If Yes: | If No: |
|---|---|---|---|
| 4 | Nomination to add a substance | Evaluate using criteria 4a-c | Go to applicable criteria |
| 4a | Is the substance already, or about to be, added based on a previous/another review process? | Reject | Continue to next criterion |
| 4b | Is there information to show the substance is not used, created or released in 澳门永利 by manufacturing or mineral processing facilities? | Reject | Continue to next criterion |
| 4c | Is there information to show the substance is not hazardous or of low hazard? | Reject | Complete screening process |
If 4a - 4c are "no": Accept nomination for review
| Criteria # | Criteria Description | If Yes: | If No: |
|---|---|---|---|
| 5 | Nomination to delete a substance | Evaluate using criteria 5a-b | Go to applicable criteria |
| 5a | Is the substance already, or about to be, deleted based on a previous/another review process? | Reject | Continue to next criterion |
| 5b | Is there information to show the substance is released by manufacturing or mineral processing facilities in 澳门永利 and is high hazard? | Reject | Complete screening process |
If 5a and 5b are "no": Accept nomination for review
| Criteria # | Criteria Description | If Yes: | If No: |
|---|---|---|---|
| 6 | Nomination to change by including one or more forms or activities of a prescribed substance | Evaluate using criteria 6a-d | Go to applicable criteria |
| 6a | Are there information gaps or inconsistencies in the nomination that prevent identification of the form or activity for this substance? | Reject | Continue to next criterion |
| 6b | Is the form or activity already or about to be included on the list of prescribed substances based on a previous/another review and consultation process? | Reject | Continue to next criterion |
| 6c | Is there information to show that the form does not result in use, creation and/or release in 澳门永利 by manufacturing or mineral processing facilities? | Reject | Continue to next criterion |
| 6d | Is there information to show that the form or activity is of low hazard? | Reject | Complete screening process |
If 6a-d are "no": Accept nomination for review
| Criteria # | Criteria Description | If Yes: | If No: |
|---|---|---|---|
| 7 | Nomination to change by excluding one or more forms or activities of a prescribed substance | Evaluate using criteria 7a-c | Go to applicable criteria |
| 7a | Are there information gaps or inconsistencies in the nomination that prevent identification of the form or activity for this substance? | Reject | Continue to next criterion |
| 7b | Is the form or activity already or about to be excluded based on a previous/another review process and consultation process? | Reject | Continue to next criterion |
| 7c | Is there information to show: the form is released in 澳门永利 by manufacturing or mineral processing facilities and is high hazard. |
Reject | Complete screening process |
If 7a-c are "no": Accept nomination for review
| Criteria # | Criteria Description | If Yes: | If No: |
|---|---|---|---|
| 8 | Nomination to change by lowering the reporting threshold of a prescribed substance | Evaluate using criteria 8a-c | Go to applicable criteria |
| 8a | Is the nominated substance already or about to be deleted or is the reporting threshold already lower or about to be made lower based on a previous/another review and consultation process? | Reject | Continue to next criterion |
| 8b | Is there information to show that the current reporting threshold captures the key use, creation and release in 澳门永利 by manufacturing or mineral processing facilities? | Reject | Continue to next criterion |
| 8c | Is there information to show that the substance is of low hazard? | Reject | Complete screening process |
If 8a-c are "no": : Accept nomination for review
| Criteria # | Criteria Description | If Yes: | If No: |
|---|---|---|---|
| 9 | Nomination to change by raising the reporting threshold of a prescribed substance | Evaluate using criteria 9a-c | Go to applicable criteria |
| 9a | Is the nominated substance already or about to be deleted or is the reporting threshold already higher or about to be made higher based on a previous/another review and consultation process? | Reject | Continue to next criterion |
| 9b | Is there information that shows the current reporting threshold does not capture the key use, creation and release in 澳门永利 by manufacturing or mineral processing facilities? | Reject | Continue to next criterion |
| 9c | Is there information to show the substance is high hazard? | Reject | Complete screening process |
If 9a-c are "no": Accept nomination for review
Part 3: Communication by the ministry
The ministry will update nominators and the general public about the status of nominations online. During the screening process, nominator(s) may also be contacted directly by ministry staff if clarification is needed on the nomination form.
Appendix A: Supporting information Sources
These resources will assist in completing Section 4.
4.1 Form of the Substance
The form(s) of a substance may be relevant to understanding its potential effects (e.g., a solid form versus a liquid or gaseous form). However, the ministry will consider the potential form(s) of a substance and their associated hazards when released to the environment and use a precautionary approach in both the screening and review steps.
4.2 Hazard Information
4.2.A Environmental Hazard
Environmental hazard information includes persistence, bioaccumulation and toxicity to non-human organisms. Different agencies use the same information to evaluate these hazards but may not apply the same numerical criteria for qualifying a substance as 鈥減ersistent鈥, 鈥渂ioaccumulative鈥 and/or 鈥渢oxic鈥 (PBT).
The ministry will apply a weight-of-evidence approach in the screening and review steps using PBT data without defining specific cut-offs for PBT.
Examples of criteria applied to define persistence, bioaccumulation and toxicity include the following:
Environment Canada
Environment Canada. 2003. Guidance manual for the ecological categorization of organic and inorganic substances on Canada鈥檚 Domestic Substances List (DSL): Determining persistence, bioaccumulation potential, and inherent toxicity to non-human organisms [CD-ROM]. Gatineau (QC): Environment Canada, Existing Substances Division. Available upon request. )
Substances on Schedule 1 of the Canadian Environmental Protection Act 1999,(CEPA, 1999) (List of Toxic Substances), with links to CEPA risk assessments: ) Search using key words: List of Toxic Substances Managed Under CEPA (Schedule 1).
United States Environmental Protection Agency (US EPA)
Criteria applied by the US EPA to define PBT: ) Search using key words: 鈥淧BT profiler鈥
Stockholm Convention
Under the Stockholm Convention on Persistent Organic Pollutants (POPs), chemicals are reviewed according to PBT screening criteria ) Key words: Stockholm Convention Persistent Organic Pollutants Review Committee
Persistence:
Persistence measures how long it takes a substance to degrade in the environment. It is generally indicated by a substance鈥檚 half-life, the time it takes for it to break down by 50%.
Under Canadian regulations, a substance is considered persistent when it has at least one of the following characteristics:
- in air,
- its half-life is equal to or greater than 2 days; or
- it is subject to atmospheric transport from its source to a remote area;
- in water, its half-life is equal to or greater than 182 days;
- in sediments, its half-life is equal to or greater than 365 days; or
- in soil, its half-life is equal to or greater than 182 days. )
A list of sources for how Canada鈥檚 Domestic Substances List were evaluated for persistence )
Additional information on a substance鈥檚 persistence can be found at Global Portal to Information on Chemical Substances: )
Potential to Bioaccumulate:
Bioaccumulation measures how well a substance is taken up (accumulated) by an organism.
Bioaccumulation can be estimated:
- through studies on aquatic organisms by the calculation of:
- a bioaccumulation factor (BAF): reflective of the amount of the substance taken up from food and water, or
- a bioconcentration factor (BCF): reflective of the amount of a substance taken up from water.
- by chemical tests through the calculation of an octanol-water partition coefficient (reflective of how attracted to fatty tissue a substance may be).
The BAF, BCF and octanol-water partition coefficient may be used as indicators of the environmental hazard associated with a substance.
In addition, bioaccumulation may be used to estimate human exposure to a substance through experiments that measure how much of a substance is accumulated in the body through ingestion, inhalation or dermal (skin) contact.
Under Canadianregulations, a substance is bioaccumulative:
- when its bioaccumulation factor (BAF) is equal to or greater than 5,000;
- if its bioconcentration factor (BCF) cannot be determined in accordance with a method referred to in section 5, when its bioconcentration factor is equal to or greater than 5,000; and
- if neither its bioaccumulation factor nor its bioconcentration factor can be determined in accordance with a method referred to in section 5, when the logarithm of its octanol-water partition coefficient is equal to or greater than 5 (Log Kow).
)
Canada鈥檚 Domestic Substances List evaluation for bioaccumulation potential: )
Information on a substance鈥檚 bioaccumulation can be found at the Global Portal to Information on Chemical Substances:)
Hazardous to the aquatic environment i.e. fish, invertebrates, algae (Aquatic Toxicity)
Hazard to the aquatic environment is assessed based on the amount of a contaminant required to cause an effect to aquatic life, including death; or impairment in growth or reproduction. Aquatic toxicity is often expressed as:
- lethal concentration (LC), which is the concentration of a contaminant that is lethal to a chosen percentage of the test population;
- effect concentration (EC), which is the concentration that causes an effect to a chosen percentage of the test population; or
- inhibition concentration (IC), which is the concentration that causes a reduction in response of a chosen percentage of the test population.
Substances on Canada鈥檚 domestic substances list were categorized according to their inherent toxicity to aquatic life: )
Information on a substance鈥檚 aquatic toxicity can be found at the Global Portal to Information on Chemical Substances )
The US EPA provides aquatic toxicity information from scientific publications on the ECOTOXicology knowledgebase (ECOTOX) website. : )
Hazardous to wildlife i.e. mammals, amphibians, reptiles, birds (Wildlife Toxicity)
Hazard to wildlife (mammals, amphibians, reptiles, birds) is commonly assessed as the amount of a substance required to cause ill effect to wildlife including death; or impairment in growth or reproduction. The more hazardous a substance is, the lower the amount of the substance is required to cause an effect. Toxicity is often expressed as:
- lethal dose (LD), which is the dose that is lethal to a chosen percentage of the test population; or
- effective dose (ED), which is the dose that causes an ill effect to a chosen percentage of the test population.
In general, there is less information about wildlife toxicity than there is for aquatic organisms.
Some information on a substance鈥檚 wildlife toxicity can be found at Global Portal to Information on Chemical Substances.: )
The US EPA provides wildlife toxicity information from scientific publications on the ECOTOX website:)
4.2.B Human Health Effects
A number of websites offer information about the health effects of both short-term and long-term exposure to chemical substances.
Web sites with human toxicity information on chemical substances:
The US Department of Health and Human Services website, and its TOXNET search engine, provide information geared for use by both the general public and users with scientific expertise. : Agency for Toxic Substances and Disease Registry:
US EPA Integrated Risk Information System (IRIS):
Health Canada - Environmental Contaminants - Reports and Publications: )
WHO - WHO - International Programme on Chemical Safety:
OECD Existing Chemicals Database:
The Netherlands: National Institute of Public Health and the Environment (RIVM):
Health Effects Assessment Summary Tables (HEAST):
Global Portal to Information on Chemical Substances (eChemPortal):
Canada鈥檚 Domestic Substances List (was evaluated for hazard to human health (DSL Categorization)):
Substances on Schedule 1 of the Canadian Environmental Protection Act (CEPA) (List of Toxic Substances):
Irritation / sensitization
Information on sensitization and irritation (as well as other types of the effects) can be found at:
European Centre for Ecotoxicology and Toxicology of Chemicals ECETOC:
European Chemical Agency鈥檚 Classification & Labelling Inventory database:
European Trade Union Institute鈥檚 RISCTOX database. :
Carcinogenicity
Information about a substance鈥檚 potential to cause cancer /classification as a carcinogen may be found through the following links:
National Toxicology Program (NTP), Annual Reports on Carcinogens:
International Agency for Research on Cancer (IARC) - Summaries & Evaluations:
Mutagenicity
Information about a substance鈥檚 potential to cause mutations / classification as a mutagen: Genetic Toxicology Data Bank (GENE-TOX)::
Endocrine Disruption (Endocrine Disrupting Compound)
Information about a substance鈥檚 potential to act as an endocrine disruptor:
Endocrine Disruptor Knowledge Base:
European Commission - Endocrine Disrupter Research Community:
Reproductive / developmental toxicity
Information about a substance鈥檚 potential to cause reproductive or developmental effects Developmental & Reproductive Toxicology Database (DART):
4.2.C Contextual Information (澳门永利)
Substances regulated by the Toxics Reduction Act are those used/created and/or released by 澳门永利 facilities in the manufacturing and minerals processing sectors. Information on these substances is available on ministry websites and on Canadian and US inventories as well as the city of Toronto.
For substances not on the list of prescribed substances, information may not be publicly available on use in 澳门永利. Therefore, the ministry will consider information available which was obtained from other programs, scientific publications and reports and/or other jurisdictions, during the screening and/or review steps.
Examples of publicly available information sources on use, creation and/or releases may be obtained are the following:
Toxics Reduction in 澳门永利: Interactive map: /environment-and-energy/toxics-reduction-program
Open data: /environment-and-energy/toxics-reduction
National Pollutant Release Inventory:
US Toxics Release Inventory:
US Toxic Substances Control Act Chemical information:
ChemTRAC Disclosure Reports:
4.2.D Other Jurisdictions / programs
If you are aware of other programs that manage the substance you are nominating, please include relevant informationin your rationale, whether the substance is being managed in a manner consistent with 澳门永利鈥檚 Toxics Reduction Act, or not.
Examples of two other jurisdictions鈥 websites:
Canadian government chemicals management website:
The US ChemView website provides a database on chemical health and safety data received by the US EPA and the US EPA's assessments and regulatory actions under the Toxic Substances Control Act (TSCA):
Information about other programs may not be readily available to the general public. The ministry will make an effort to obtain relevant information for consideration during the screening and review steps.
4.2.E Other Comments
Please use this section for any additional hazard, contextual or management information on the substance you are nominating that you would like to include.